Imran @ Pulli vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5181 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- APPLICATION U/S 482 No. - 3715 of 2022
 
Applicant :- Imran @ Pulli
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home
 
Counsel for Applicant :- Nand Lal Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the applicant and learned AGA appearing on behalf of State-respondents.

With the consent of learned counsel appearing for the contesting parties, the instant application is being finally decided.

This is an application filed under Section 482 of Cr.P.C for a direction to the learned Court below i.e ACJM-VI to accept two sureties and a personal bond in three cases. Learned counsel for the applicant contends that in three criminal cases that were lodged against him, he has been granted bail as per the details given below:-

(i) Crime No. 0699/2021, under Section 379/411 I.P.C, Police Station- Kakori, District- Lucknow U.P by the Additional District Judge, Court No. 1 Lucknow having its Criminal Misc. Case No. 14851284 of 2022 (Bail).

(ii) Crime No. 603/2021, under Section 457/380/411 I.P.C, Police Station- Kakori, District- Lucknow U.P by the Additional District Judge, Court No. 1 Lucknow having its Criminal Misc. Case No. 1796 of 2022 (Bail).

(iii) Crime No. 64/2022, under Section 379/411 I.P.C, Police Station- Kakori, District- Lucknow U.P by learned District Judge, Lucknow having its Criminal Misc. Case No. 1226 of 2022 (Bail).

It is contended that the learned Court below while granting bail has directed for giving two sureties each i.e a total of six sureties which is humanly not possible for the applicant as he is a poor person.

Placing reliance on a judgment of the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P passed in Special Leave to Appeal (Crl) No. 8914-9815/2018 decided on 19.10.2018, it is contended that the bail conditions as imposed by the learned Court below may be modified to that extent that the applicant may be permitted to give two sureties for all the three cases and a personal bond.

Learned AGA does not dispute the aforesaid fact.

Accordingly, considering the judgment of the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (supra) and the fact that the applicant has already been granted bail in the aforesaid three cases, it is provided that in case the applicant furnishes two sureties and a personal bond to the satisfaction of the Court below with respect to all the three cases then he may be released on bail.

Let the aforesaid sureties and the personal bond be given within a week from today.

Disposed of.

Order Date :- 14.6.2022

Pachhere/-